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(영문) 서울중앙지방법원 2021.01.29 2019가합544487

손해배상(기)

Text

1. The Defendant: 5% per annum from July 12, 2019 to January 29, 2021 to KRW 48,569,418 to the Plaintiff.

Reasons

1. Basic facts

A. On June 28, 2018, the Plaintiff entered into a contract with Defendant for the purchase of the purchase price at KRW 5,360,000,000 (hereinafter “the instant sales contract”) with respect to the purchase price of KRW 536,00,00,000 for the land of Yeonsu-gu Incheon, Incheon, a gas station site of KRW 1,105,000, and KRW 819,000 for each of the above land (hereinafter “each of the instant real property”), which is owned by the Defendant, as well as the purchase price of KRW 5,360,00,00 for each of the instant real property (hereinafter “the instant sales contract”). In relation to the contract, the terms related to the instant sales contract are as follows.

Article 2 (Registration, etc. of Transfer of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and cooperate with the registration procedure, and the delivery date of the said real estate shall be September 17, 2018.

[Matters of Special Agreement]

4. Costs involved in the removal of land-based structures and underground structures shall be reduced by 80,00,000 won by agreement between the seller and the purchaser, and the purchaser shall be removed from the balance.

5. Seller and buyer shall endeavor not to impede the progress of an urban development project by discussing the E-urban development project association and removal schedule in cooperation with each other;

B. On the day of the instant sales contract, the Plaintiff paid the Defendant the remainder of KRW 4,824,00,000 on September 5, 2018, respectively. On November 19, 2018, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff for each of the instant real estate, and completed the registration of ownership transfer on November 15, 2018 to F Co., Ltd. on the same day after completing the registration of ownership transfer in the name of the Plaintiff.

(c)

On October 2, 2018, the head of Yeonsu-gu Incheon Metropolitan City issued an order to conduct a detailed investigation according to the potential soil contamination level exceeding the soil contamination level under Article 4-2 of the Soil Environment Conservation Act on the ground that the result of the soil contamination inspection on each real estate of this case exceeds the potential soil contamination level under Article 4-2 of the Soil Environment Conservation Act. On October 26, 2018, the head of Yeonsu-gu Incheon Metropolitan City issued an order to conduct